Case information
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38351
Le Groupe Solroc inc. v. Raymond Chabot inc., et al.
(Quebec) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2019-05-31 | Close file on Leave | |
| 2019-04-26 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2019-04-26 | Judgment on leave sent to the parties | |
| 2019-04-25 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal of Quebec (Montréal), Number 500-09-027692-185, 2018 QCCA 1338, dated August 15, 2018, is dismissed with costs to the respondent, Raymond Chabot inc. Dismissed, with costs |
|
| 2019-03-18 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2018-11-22 | Applicant's reply to respondent's argument, (Letter Form), Completed on: 2018-11-22 | Le Groupe Solroc inc. |
| 2018-11-15 | Notice of name, (Letter Form) | Dessau inc. |
| 2018-11-15 | Certificate (on limitations to public access), (Letter Form) | Dessau inc. |
| 2018-11-15 | Respondent's response on the application for leave to appeal, (Letter Form), Completed on: 2018-11-15 | Dessau inc. |
| 2018-11-14 | Certificate (on limitations to public access), (Letter Form) | Raymond Chabot inc. |
| 2018-11-09 | Respondent's response on the application for leave to appeal, (Letter Form), Completed on: 2018-11-09 | Raymond Chabot inc. |
| 2018-10-17 | Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED 2018-10-17 | |
| 2018-10-15 | Certificate (on limitations to public access), (Letter Form) | Le Groupe Solroc inc. |
| 2018-10-15 | Notice of name, (Letter Form) | Le Groupe Solroc inc. |
| 2018-10-15 | Application for leave to appeal, (Book Form), Completed on: 2018-10-15 | Le Groupe Solroc inc. |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Le Groupe Solroc inc. | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Raymond Chabot inc. | Respondent | Active |
| Dessau inc. | Respondent | Active |
| Les Immeubles Yamiro inc. | Respondent | Active |
| Construction Morival Ltée | Respondent | Active |
Counsel
Party: Le Groupe Solroc inc.
Counsel
630, boul. René-Lévesque Ouest
Bureau 1700
Montréal, Quebec
H3B 1S6
Telephone: (514) 764-3601
FAX: (514) 843-6110
Email: Jo-Anne.Demers@clydeco.ca
Party: Raymond Chabot inc.
Counsel
Danny Duy vu
1155 René-Lévesque Blvd. West
40th floor
Montréal, Quebec
H3B 3V2
Telephone: (514) 397-3163
FAX: (514) 397-3616
Email: gmartel@stikeman.com
Party: Dessau inc.
Counsel
1250 boul. René-Lévesque O.
Montréal, Quebec
H3B 4W8
Telephone: (514) 788-8828
FAX: (514) 845-6573
Email: richard.provost@langlois.ca
Party: Les Immeubles Yamiro inc.
Counsel
Bureau 202
15, Notre-Dame Ouest
Montréal, Quebec
H2Y 1S5
Telephone: (514) 507-1231
FAX: (504) 507-0721
Email: hdekoulen@dekoulen.com
Party: Construction Morival Ltée
Counsel
800 rue Square-Victoria bureau 4600
Montréal, Quebec
H4Z 1H6
Telephone: (514) 878-2631
FAX: (514) 878-1865
Email: bbyette@rsslex.com
Summary
Keywords
Civil procedure — Forced intervention — Forced impleading — Call in warranty — Parameters for determining whether application for forced intervention must be dismissed — Impact of principle of procedural proportionality on assessment of applications for forced intervention — Code of Civil Procedure, CQLR, c. C 25 01, arts. 18 and 184.
Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
The applicant Solroc was sued by Raymond Chabot inc. in its capacity as monitor in an insolvency file. Solroc sought to force the respondents Dessau inc., Les Immeubles Yamiro inc. and Construction Morival Ltée to intervene in the action.
The Superior Court dismissed Solroc’s declaration of forced intervention, finding that impleading was not necessary to fully resolve the dispute as it stood between the monitor and Solroc. It also dismissed the call in warranty on the ground that there was no connection between the principal application and the recourse in warranty that Solroc wanted to exercise. The Court of Appeal dismissed the application for leave to appeal from the Superior Court’s decision.
Lower court rulings
Superior Court of Quebec
2018 QCCS 3343, 500-11-051881-171
Declaration of forced intervention for impleading and call in warranty dismissed
Court of Appeal of Quebec (Montréal)
2018 QCCA 1338, 500-09-027692-185
Amended application for leave to appeal dismissed
Filed documents
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613-996-8666 or at 1-844-365-9662.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
Not available
Related links
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613-996-8666 or at 1-844-365-9662.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
Not available
Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613-996-8666 or at 1-844-365-9662.
If you have questions about a condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
Downloadable PDFs
Not available